On June 10, 2019 a
Motion-Secondary
was filed
involving a dispute between
Drasin Eric,
Strong Sports Gymnasium Llc,
and
Ford Willard,
Kim Sing International,
Strong Sports Gymnasium Llc,
Strong Sports Mma,
for Other Employment Complaint Case (General Jurisdiction)
in the District Court of Los Angeles County.
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Electronically FILED by Superior Court of California, County of Los Angeles on 11/15/2019 01:53 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk
CIV-141
ATTORNEY OR PARTY WITHOUT ATTORNEY.· STATE BAR NO: 131700 FOR COURT USE ONLY
NAME Michael R Audley
FIRM NAME AUDLEY & AUDLEY
STREET ADDRESS: 80 El Camino Real
cITY Berkeley STATE: CA ZIP CODE: 94 705
TELEPHONE NO.: 510.548.4740 FAX NO.: 224.649.7426
E-MAIL ADDRESS: audleylaw@gmail.com
ATTORNEY FOR (Name): Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS: 111 N Hill St
MAILING ADDRESS:
CITY AND ZIP CODE: Los Angeles, CA 90012
BRANCH NAME: Stanley Mosk
-
PLAINTIFF/PETITIONER: ERIC DRASIN ,
DEFENDANT/RESPONDENT: WILLARD FORD, et al.,
CASE NUMBER:
DECLARATION OF DEMURRING OR MOVING PARTY 19STCV20108
IN SUPPORT OF AUTOMATIC EXTENSION
1. (Name of party): Willard Ford , Strong Sports MMA, Strong Sports Gymnasium LLC was served with
D a complaint [RJ an amended complaint D a cross-complaint
D an answer D other (specify) :
in the above-titled action.
2. For a demurrer or motion to strike, a responsive pleading is due on (date): 11/14/19
DECLARATION
I intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action . Before I can do so, I am required to
meet and confer with the party who filed the pleading that I am responding to at least five days before the date when the responsive
pleading is due (if I am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the
pleadings may be filed (if I am filing a motion for judgment on the pleadings) . We have not been able to meet and confer. I have not
previously requested an automatic extension of time . Therefore, on timely filing and serving a declaration that meets the requirements
of Code of Civil Procedure sections 430.41, 435 .5, or 439, I am entitled to an automatic 30-day extension of time within which to file a
responsive pleading or motion for judgment on the pleadings.
I made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the responsive
pleading was due (if I am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the
pleadings may be filed (if I am filing a motion for judgment on the pleadings). I was unable to meet with that party because
(the reasons why the parties could not meet and confer are stated):
[RJ below LJ on form MC-031 , Attached Declaration
I wrote to plaintitrs counsel on 11/4/19 and set forth the various bases for a Demurrer to the First Amended Complaint. I received
an email from plaintitrs counsel on 11 /6/19 demanding that I recuse myself from this action. There was no mention of the
Demurrer in that email. I responded and stated that I would not recuse myself and for the factual basis for his demand of recusal.
I have not received such factual or legal basis to date. I will attempt to discuss the bases for the demurrer with plaintitrs counsel
by phone, as required by the statute.
I declare under penalty of perjury under the laws of the State of California that the in ion above is true and correct.
Date: 11/10/19
Michael R Audley, Esq
(NAMEOF PARTY OR ATTORNEY FOR PARTY) â–º
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California
DECLARATION OF DEMURRING OR MOVING PARTY §§ 430.41 , 435.5, 439
CIV-141 IRev. January 1, 20191 www.couns.ca.gov
IN SUPPORT OF AUTOMATIC EXTENSION
Document Filed Date
November 15, 2019
Case Filing Date
June 10, 2019
Category
Other Employment Complaint Case (General Jurisdiction)
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 10/23/2019
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Electronically FILED by Superior Court of California, County of Los Angeles on 11/15/2019 01:53 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk CIV-141 ATTORNEY OR PARTY WITHOUT ATTORNEY.· STATE BAR NO: 131700 FOR COURT USE ONLY NAME Michael R Audley FIRM NAME AUDLEY & AUDLEY STREET ADDRESS: 80 El Camino Real cITY Berkeley STATE: CA ZIP CODE: 94 705 TELEPHONE NO.: 510.548.4740 FAX NO.: 224.649.7426 E-MAIL ADDRESS: audleylaw@gmail.com ATTORNEY FOR (Name): Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES STREET ADDRESS: 111 N Hill St MAILING ADDRESS: CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Stanley Mosk - PLAINTIFF/PETITIONER: ERIC DRASIN , DEFENDANT/RESPONDENT: WILLARD FORD, et al., CASE NUMBER: DECLARATION OF DEMURRING OR MOVING PARTY 19STCV20108 IN SUPPORT OF AUTOMATIC EXTENSION 1. (Name of party): Willard Ford , Strong Sports MMA, Strong Sports Gymnasium LLC was served with D a complaint [RJ an amended complaint D a cross-complaint D an answer D other (specify) : in the above-titled action. 2. For a demurrer or motion to strike, a responsive pleading is due on (date): 11/14/19 DECLARATION I intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action . Before I can do so, I am required to meet and confer with the party who filed the pleading that I am responding to at least five days before the date when the responsive pleading is due (if I am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if I am filing a motion for judgment on the pleadings) . We have not been able to meet and confer. I have not previously requested an automatic extension of time . Therefore, on timely filing and serving a declaration that meets the requirements of Code of Civil Procedure sections 430.41, 435 .5, or 439, I am entitled to an automatic 30-day extension of time within which to file a responsive pleading or motion for judgment on the pleadings. I made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the responsive pleading was due (if I am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if I am filing a motion for judgment on the pleadings). I was unable to meet with that party because (the reasons why the parties could not meet and confer are stated): [RJ below LJ on form MC-031 , Attached Declaration I wrote to plaintitrs counsel on 11/4/19 and set forth the various bases for a Demurrer to the First Amended Complaint. I received an email from plaintitrs counsel on 11 /6/19 demanding that I recuse myself from this action. There was no mention of the Demurrer in that email. I responded and stated that I would not recuse myself and for the factual basis for his demand of recusal. I have not received such factual or legal basis to date. I will attempt to discuss the bases for the demurrer with plaintitrs counsel by phone, as required by the statute. I declare under penalty of perjury under the laws of the State of California that the in ion above is true and correct. Date: 11/10/19 Michael R Audley, Esq (NAMEOF PARTY OR ATTORNEY FOR PARTY) ► Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California DECLARATION OF DEMURRING OR MOVING PARTY §§ 430.41 , 435.5, 439 CIV-141 IRev. January 1, 20191 www.couns.ca.gov IN SUPPORT OF AUTOMATIC EXTENSION